Applying for a residence permit for children born in Germany

• As a rule, the registration office will inform the immigration authorities of your child’s birth.
• The Immigration Authority then initiates the procedure for granting a residence permit to children born in Germany.
• The Immigration Authority will then contact you, as the child’s parents, and ask you to provide the documents required for the issue of a residence permit.
• If you need to attend an appointment in person at the Immigration Office, the Immigration Office will contact you to arrange a date.
• Unless the Immigration Authority issues the residence permit of its own accord within six months of the child’s birth, you must apply to the Immigration Authority for the residence permit before the six months have elapsed. To do this, check whether your Foreigners’ Registration Office allows you to apply online or provides a specific application form. If you can only apply in person, make an appointment at the Foreigners’ Registration Office. If you are applying online, the Foreigners’ Registration Office will contact you once your application has been received to arrange an appointment.
• During the appointment, your identity and that of the child will be verified, and your documents will be checked (please bring all documents with you to the appointment, preferably the originals).
• The proceedings are usually conducted in German. If you do not have a sufficient command of German, it may be advisable to attend the hearing accompanied by someone who can act as a translator.
• If the residence permit is granted, the Foreigners’ Registration Office will commission the Bundesdruckerei to produce an electronic residence permit (eAT card for short). Once it has been produced, you will be notified and can collect the eAT card from the relevant office. As a general rule, the eAT card must be collected in person.
• If you have submitted an application that is rejected by the Immigration Authority, you will receive a notice of refusal.

The immigration authority responsible for the applicant’s place of residence.

• The parents with custody are third-country nationals; in other words, they hold the nationality of a country outside the EU, the EEA or Switzerland.
• At least one parent must hold a residence permit, a settlement permit or an EU long-term residence permit at the time of the child’s birth.
• The child was born in Germany.
• At least one parent with parental responsibility lives with the child as part of a family unit in Germany.

• A recognised and valid identity document (for example, a passport or passport substitute) for one or both parents and the child
• A residence permit, settlement permit or EU long-term residence permit held by one or both parents
• The child’s birth certificate or an extract from the register of births
• A recent biometric photograph of the child in passport format (45 x 35 mm)
• If the application is made by only one parent, where both parents have parental responsibility: a written authorisation from the absent parent

In individual cases, the Immigration Authority may require less or more supporting documentation.

• Section 45(2) of the Residence Ordinance (AufenthV)
• Section 50(1) of the Residence Regulation (AufenthV)

• Section 33 of the Residence Act (AufenthG)
• Section 72(1)(7) of the Residence Regulation (AufenthV)

• Appeal against the decision of the Immigration Authority
• Action before the court named in the notice of objection if the objection is not upheld

Informal application possible: Yes

Personal appearance required: Yes

• Place of birth: Germany. The territory of the Federal Republic of Germany also includes the 12-nautical-mile zone, German airspace, ships flying the German flag and aircraft bearing the nationality mark of the Federal Republic of Germany.
• It is sufficient for one parent to hold one of the residence permits mentioned. It is irrelevant whether the child’s parents are married.
• If the parents’ residence permits expire, the child’s residence permit may also be revoked.
• If, at the time of the child’s birth, one parent has been lawfully resident in Germany for eight years and holds a right of residence for an indefinite period, the child acquires German nationality in addition to that of their parents.
• All information provided to the Immigration Office should be correct and complete to the best of your knowledge and belief so that the request can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the cancellation of residence rights that have already been granted, a fine, a prison sentence of up to three years or expulsion from the federal territory.
• Due to the complexity of residence law, this description is for information purposes only and is not legally binding.